Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long have you worked there for?
OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Many thanks for your patience. Whether you are classed as disabled will depend on whether you meet the criteria for disability which is laid out in legislation. It is not the DDA any more though, it is now the Equality Act that deals with that and it defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
They are already making reasonable adjustments by allowing you a phased return to work to try and help you with adjusting back to work and whilst during that time they can help you by paying you full pay, if it eventually transpires that you cannot return full time and will have to continue working part time on a permanent basis, I am afraid you cannot expect to continue receiving full pay for working part time. This wi8ll not amount to discrimination because you are not being treated detrimentally due to your disability – you are after all working part time hours, even if required due to your condition, but if that becomes a permanent thing then the employer can then start paying you pro-rata for the work you actually do. For a limited period of time they can help you and pay you full time even if you do part time work, such as if you are being phased back into work, but once it becomes evident that it is no longer a rehabilitation attempt and that this is now a permanent feature, then they can adjust your pay to reflect the hours you actually work.
Hope this clarifies your position?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks